Firing — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 42
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Firing

There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.

Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!

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If you limit personal use of electronics and fire an employee for violating that rule, he can’t get unemployment benefits. Excess online time is misconduct under those circumstances.
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?
If you’re ready to fire an employee because of a co-worker’s or customer’s complaint, think twice if the complaint is recanted. Otherwise, the fired employee may sue, claiming that your stated discharge reason was false and merely an excuse to terminate.
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.
Fired employees have nothing to lose by suing a former employer. And employers have no way of know-ing what frivolous claim a former employee may file. That’s one good reason to make sure you document poor performance.

Employees don’t qualify for un­­employment benefits if they’re fired for misconduct. After all, it’s their own fault they were fired. Mis­­conduct generally includes actions that violate a so-called “reasonable employer” rule. However, employees who violate an employer’s reasonable rule because of a good-faith error in judgment can still collect benefits.

When employees need intermittent FMLA leave, they are entitled to take time off free from work responsibilities. Of course, that may leave some tasks undone. Some employees, especially those in management positions, may feel obliged to work additional hours, or may sometimes forgo taking leave. As long as there’s no employer pressure to get the work done, that extra work won’t support an FMLA-interference lawsuit.

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just be­­cause she’s used up her FMLA leave and still needs help during recovery.

In this economy, employees who have been fired often resort to litigation. Jobs are scarce and litigation looks lucrative. Smart employers protect themselves by carefully documenting exactly why they fired employees.

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